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Waldorf, MD Child Personal Injury Settlements: Some Answers to FAQs

Sadly, children are often injured in accidents here in Maryland. But fortunately, like adults, children have the legal right under Maryland laws to seek compensation for their injuries. That compensation can be recovered through insurance claims (and settlements) and through Maryland personal injury lawsuits filed in the Maryland courts. There are, however, some special rules with respect to how such claims and settlements are handled. The basic legal issue is that children — those under the age of 18 — are not allowed under Maryland law to represent themselves in insurance claims and lawsuits. Maryland law says that children must be represented by their parents or their legal guardians.

Likewise, Maryland requires that settlement monies and personal injury judgments must be preserved for the use and benefit of the child or children. If your child has been injured in a Waldorf, Maryland, car or auto accident or some other accident, contact us here at the Law Office of Robert Castro. Our number is (301) 870-1200. We are high-profile and top-rated Maryland personal injury attorneys who are driven and dedicated to maximizing your child’s compensation. Here are some answers to frequently asked questions (“FAQs”) with respect to Maryland child personal injury claims and settlements.

Who Will Represent My Child if They Were Injured in a Maryland Accident?

As noted, parents or legal guardians must represent children for a claim or lawsuit. In a lawsuit, the case will be filed by the parents on behalf of the child or children. For an insurance claim, the parents or legal guardian will make a claim on behalf of the child or children.

How Will the Money be Handled?

In Maryland, if the net settlement monies are less than $5,000, the monies can be deposited in the parents’ or guardian’s bank account. The money should be used for the benefit of the child or children. Note that “net settlement” means monies received minus attorneys fees and minus anything like court costs or other expenses paid on behalf of the child/children.

However, if the net settlement monies are greater than $5,000, then the monies must go into a separate bank account for the sole benefit of the child or children. The child/children will have the right to withdraw the money when they turn 18. Generally, the bank is not allowed to let the money be withdrawn before that time

What Happens if the Parents/Guardians Paid Medical Bills?

Generally, actual expenses paid by parents or guardians are reimbursed as a separate payment from the insurance company or from the judgment. This again goes to the question of “net settlement.” One reason that it is important to hire an experienced Maryland personal injury law firm is so that these issues are resolved before the checks are cut by the insurance company.

Can the Money be Used for the Child Before They Turn 18?

Possibly. As noted, the money is generally only allowed to be withdrawn when the child/children turn 18. However, a request can be filed with the Maryland County Circuit Court to ask for an order allowing the withdrawal of monies for some particular purpose before the child/children reach the age of 18. See MD Estates & Trusts Code, § 13-405. This is often allowed for such things as medical expenses for the child/children and education expenses.

Contact Waldorf, MD Personal Injury Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.